State v. Mitchell Savard

Syllabus

The defendant, Mitchell Savard, appealed from a judgment of conviction following a jury trial at which he was found guilty of operating a vehicle in reckless disregard of the safety of others, death resulting and operating a vehicle in reckless disregard of the safety of others, personal injury resulting. On appeal, Mr. Savard argued that the trial justice erred (1) in denying his motion for a new trial on the basis that the weight of the evidence did not support his conviction and (2) by admitting evidence from an electronic data recovery system obtained from one of the vehicles involved in the automobile collision.<br><br>The Supreme Court held that the trial justice properly exercised her independent judgment, did not overlook or misconceive the testimony before her, and provided adequate reasons supporting her denial of Mr. Savard's motion for a new trial based on the weight of the evidence. The Court further concluded that Mr. Savard failed to raise his evidentiary objection before the trial justice and, as a result, concluded that it was waived. Accordingly, the Court affirmed the judgment of conviction of the Superior Court. <br>